Fy20 Atm Article Plastic Bag Ban Proposed
ARTICLE VII. ELECTED BOARDS, Section 3. BOARD OF HEALTH c. Plastic Bag Reduction: The purpose of this bylaw is to reduce the use of single-use, thin-film plastic, check-out bags by all retail establishments in the Town of North Attleboro and to promote the use of reusable bags.
1. Definitions:
a. "Thin-film single-use plastic bags", shall mean those bags typically with handles, constructed of high-density polyethylene (HDPE),low-density polyethylene(LDPE), linear low-density polyethylene( LLDPE), polyvinyl chloride (PVC), polyethylene terephthalate(PET), or polypropylene(other than woven and non-woven polypropylene fabric), if said film is 4.0 mils or less in thickness and are intended for single-use transport of purchased products. b. Biodegradable bag" means a bag that: 1) contains no polymers derived from fossil fuels; and 2) is intended for single use and will decompose in a natural setting at a rate comparable to other biodegradable materials such as paper, leaves, and food waste. c. "Reusable bag" means a bag, with handles, that is specifically designed for multiple use and is made of thick plastic, cloth, fabric or other durable materials. d. “Retail Establishment” shall mean any business facility that sells goods directly to the consumer whether for or not for profit, including, but not limited to, retail stores, restaurants, pharmacies, convenience and grocery stores, liquor stores, seasonal and temporary businesses.
2. Use Regulations a. Thin-film single-use plastic bags shall not be distributed, used, or sold for checkout or other purposes at any retail establishment within the Town of North Attleboro. b. Customers are encouraged to bring their own reusable or biodegradable shopping bags to stores. Retail establishments may provide reusable or recyclable thick plastic (more than 4 mills) paper, fabric or other types of bags as they so desire. Retail establishments are strongly encouraged to make reusable bags available for sale to customers at a reasonable price. c. Thin-film single use plastic bags used to contain dry cleaning, newspapers, produce, meat, bulk foods, wet items and other similar merchandise, typically without handles, are still permissible.
3. Administration and Enforcement
a. The Board of Health or its designated agent(s) shall have authority to administer and enforce this Bylaw. b. The Board of Health or its designated agent(s) shall be responsible for enforcing this Bylaw through the following: 1. The issuance of a non-criminal citation notice. 2. After the issuance of the first non-criminal citation notice, a fine of $50 shall apply for this violation following the issuance of the non-criminal citation notice. 3. A $100 fine should apply to the third violation and each additional violation of this Bylaw. 4. Each day on which any such violation continues shall be considered a separate violation of this section and shall constitute a third offense. c. Non-Criminal Dispositions. Fines assessed under Article VII, Elected Boards, Section 3. Board of Health, Paragraph 3b may be assessed through non-criminal process in accordance with Massachusetts General Laws Chapter 40, Section 21 D. The availability of non-criminal process under this article shall not preclude the use of criminal process or other means of enforcement allowable under law.
4. Effective Date This bylaw shall take effect twelve (12) months following approval of the bylaw. The Board of Health may exempt a Retail Establishment from the requirements of this section for a period of up to six (6) months upon a finding by the Board that (1) the requirements of this section would cause undue hardship; or (2) a Retail Establishment requires additional time in order to draw down an existing inventory of thin-film, single-use check- out plastic bags.
5. Regulations
The Board of Health may adopt and amend rules and regulations to effectuate the purposes of this bylaw.
6. Severability: If any provision of this ordinance is held to be invalid by a court of competent jurisdiction, such provision shall be considered separate and apart from the remaining provisions, which shall remain in full force and effect.